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Repeal and savings.—(1) The Code of Criminal Procedure, 1898 (5 of 1898), is hereby repealed. (2) Notwithstanding such repeal— (a) if, immediately before the date on which this Code comes into force, there is any appeal, application, trial, inquiry or investigation pending, then, such appeal, application, trial, inquiry or investigation shall be disposed of, continued, held or made, as the case may be, in accordance with the provisions of the Code of Criminal Procedure, 1898 (5 of 1898), as in force immediately before such commencement (hereinafter referred to as the old Code), as if this Code had not come into force: Provided that every inquiry under Chapter XVIII of the Old Code, which is pending at the commencement of this Code, shall be dealt with and disposed of in accordance with the provisions of this Code; (b) all notifications published, proclamations issued, powers conferred, forms prescribed, local jurisdictions defined, sentences passed and orders, rules and appointments, not being appointments as Special Magistrates, made under the Old Code and which are in force immediately before the commencement of this Code, shall be deemed, respectively, to have been published, issued, conferred, prescribed, defined, passed or made under the corresponding provisions of this Code; (c) any sanction accorded or consent given under the Old Code in pursuance of which no proceeding was commenced under that Code, shall be deemed to have been accorded or given under the corresponding provisions of this Code and proceedings may be commenced under this Code in pursuance of such sanction of consent; (d) the provisions of the Old Code shall continue to apply in relation to every prosecution against a Ruler within the meaning of article 363 of the Constitution. (3) Where the period prescribed for an application or other proceeding under the Old Code had expired on or before the commencement of this Code, nothing in this Code shall be construed as enabling any such application to be made or proceeding to be commenced under this Code by reason only of the fact that a longer period therefor is prescribed by this Code or provisions are made in this Code for the extension of time. 167 THE FIRST SCHEDULE CLASSIFICATION OF OFFENCES EXPLANATORY NOTES: (1) In regard to offences under the Indian Penal Code, the entries in the second and third columns against a section the number of which is given in the first column are not intended as the definition of, and the punishment prescribed for, the offence in the Indian Penal Code, but merely as indication of the substance of the section. (2) In this Schedule, (i) the expression “Magistrate of the first class” and “Any Magistrate” include Metropolitan Magistrates but not Executive Magistrates; (ii) the word “cognizable” stands for “a police officer may arrest without warrant”; and (iii) the word “non-cognizable” stands for “a police officer shall not arrest without warrant”. I.–OFFENCES UNDER THE INDIAN PENAL CODE Section Offence Punishment Cognizable or non- cognizable Bailable or Non- bailable By what Court triable 1 2 3 4 5 6 CHAPTER V. –ABETMENT 109 Abetment of any offence, if the act abetted is committed in consequence, and where no express provision is made for its punishment. Same as for offence abetted. According as offence abetted is cognizable or non-cognizable. According as offence abetted is bailable or non- bailable. Court by which offence abetted is triable. 110 Abetment of any offence, if the person abetted does the act with a different intention from that of the abettor. Ditto Ditto Ditto Ditto. 111 Abetment of any offence, when one act is abetted and a different act is done; subject to the proviso. Same as for offence intended to be abetted. Ditto Ditto Ditto. 113 Abetment of any offence, when an effect is caused by the act abetted different from that intended by the abettor. Same as for offence committed. Ditto Ditto Ditto. 114 Abetment of any offence, if abettor is present when offence is committed. Ditto Ditto Ditto Ditto. 115 Abetment of an offence, punishable with death or imprisonment for life, if the offence be not committed in consequence of the abetment. Imprisonment for 7 years and fine. Ditto Non-bailable Ditto. If an act which causes harm be done in consequence of the abetment. Imprisonment for 14 years and fine. Ditto Ditto Ditto. 116 Abetment of an offence, punishable with imprisonment, if the offence be not committed in consequence of the abetment. Imprisonment extending to a quarter part of the longest term provided for the offence, or fine, or both. Ditto According as offence abetted is bailable or non- bailable. Ditto. If the abettor or the person abetted be a public servant whose duty it is to prevent the offence. Imprisonment extending to half of the longest term provided for the offence, or fine, or both. Ditto Ditto Ditto. 168 1 2 3 4 5 6 117 Abetting the commission of an offence by the public or by more than ten persons. Imprisonment for 3 years, or fine, or both. According as offence abetted is cognizable or non-cognizable. According as offence abetted is bailable or non- bailable. Court by which offence abetted is triable. 118 Concealing a design to commit an offence punishable with death or imprisonment for life, if the offence be committed. Imprisonment for 7 years and fine. Ditto Non-bailable. Ditto. If the offence be not committed Imprisonment for 3 years and fine. Ditto Bailable. Ditto. 119 A public servant concealing a design to commit an offence which it is his duty to prevent, if the offence be committed. Imprisonment extending to half of the longest term provided for the offence, or fine, or both. Ditto According as offence abetted is bailable or non- bailable. Ditto. If the offence be punishable with death or imprisonment for life. Imprisonment for 10 years. Ditto Non-bailable. Ditto. If the offence be not committed. Imprisonment extending to a quarter part of the longest term provided for the offence, or fine, or both. Ditto Bailable. Ditto. 120 Concealing a design to commit an offence punishable with imprisonment, if offence be committed. Ditto Ditto According as offence abetted is bailable or non- bailable. Ditto. If the offence be not committed. Imprisonment extending to one-eighth part of the longest term provided for the offence, or fine, or both. Ditto Bailable. Ditto. CHAPTER VA.–CRIMINAL CONSPIRACY 120B Criminal conspiracy to commit an offence punishable with death, imprisonment for life or rigorous imprisonment for a term of 2 years or upwards. Same as for abetment of the offence which is the object of the conspiracy. According as the offence which is the object of conspiracy is cognizable or non- cognizable. According as offence which is object of conspiracy is bailable or non- bailable. Court by which abetment of the offence which is the object of conspiracy is triable. Any other criminal conspiracy. Imprisonment for 6 months, or fine, or both. Non-cognizable. Bailable. Magistrate of the first class. CHAPTER VI.–OFFENCES AGAINST THE STATE 121 Waging or attempting to wage war, or abetting the waging of war, against the Government of India. Death, or imprisonment for life and fine. Cognizable. Non-bailable. Court of Session. 121A Conspiring to commit certain offences against the State. Imprisonment for life, or imprisonment for 10 years and fine. Ditto Ditto Ditto. 122 Collecting arms, etc., with the intention of waging war against the Government of India. Imprisonment for life, or imprisonment for 10 years and fine. Ditto Ditto Ditto. 123 Concealing with intent to facilitate a design to wage war. Imprisonment for 10 years and fine. Ditto Ditto Ditto. 124 Assaulting President, Governor, etc., with intent to compel or restrain the exercise of any lawful power. Imprisonment for 7 years and fine. Ditto Ditto Ditto. 169 1 2 3 4 5 6 124A Sedition Imprisonment for life and fine, or imprisonment for 3 years and fine, or fine. Cognizable Non-bailable Court of Session. 125 Waging war against any Asiatic power in alliance or at peace with the Government of India, or abetting the waging of such war. Imprisonment for life and fine, or imprisonment for 7 years and fine, or fine. Ditto Ditto Ditto. 126 Committing depredation on the territories of any power in alliance or at peace with the Government of India. Imprisonment for 7 years and fine, and forfeiture of certain property. Ditto Ditto. Ditto. 127 Receiving property taken by war or depredation mentioned in sections 125 and